Conditions of Use

Terms and Conditions of Use

The Newark Musical Merchandise Web
site at www.newarkmusical.com (the "Site") is a copyrighted work
belonging to Newark Musical Merchandise, Inc. ("Newark Musical
Merchandise"). Newark Musical Merchandise grants you the right to
use the Site subject to the terms and conditions of use ("Terms of
Use") set forth below. PLEASE READ THESE TERMS OF USE CAREFULLY. BY
ACCESSING THE SITE, OTHER THAN TO READ THESE TERMS OF USE FOR THE
FIRST TIME, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU
MAY NOT ACCESS OR USE THIS SITE.

License

Subject to these Terms of Use,
Newark Musical Merchandise grants you a limited, royalty-free
license to view the materials contained on the Site (the
"Materials") and make such copies only as may be incidentally
created during your exercise of the foregoing through the normal
operation of a commercially available web browser and a gateway
cache and proxy obtaining the Materials from the Newark Musical
Merchandise server. You are not granted any right to use Newark
Musical Merchandise trademarks, logos, trade dress (including
without limitation the layout of the Site) or other marks, and all
such items shall remain the exclusive property of Newark Musical
Merchandise.

Modification

Newark Musical Merchandise reserves
the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Site or any part
thereof with or without notice. You agree that Newark Musical
Merchandise will not be liable to you or to any third party for any
modification, suspension, or discontinuance of the Site.

Secured Areas

Your use of any areas of the Site
secured by a user name/login screen ("Secured Areas"), including but
not limited to purchases of products from the Site, is governed by
the terms and conditions of a separate agreement. You are granted no
rights or licenses to use the Secured Areas under this Agreement.

Mailings

By submitting your name, e-mail
address, and any other personal information to Newark Musical
Merchandise, you hereby grant Newark Musical Merchandise, subject to
the Newark Musical Merchandise Privacy Policy a royalty-free license
to use and disclose this information, including but not limited to
using and disclosing such information in connection with periodic
mailings to you about Newark Musical Merchandise products, services,
and news ("Mailings"). The terms and conditions of this Agreement
shall apply to all such Mailings.

Submissions

All remarks, suggestions, ideas,
graphics, data, personal information, resumes, questions or other
information communicated to Newark Musical Merchandise through the
Site, by facsimile or through the mail (electronic or otherwise) (a
"Submission") will forever be the property of Newark Musical
Merchandise. Unless otherwise specified in our Privacy Policy,
Newark Musical Merchandise will not treat any Submission as
confidential or proprietary and will not be liable for the use of
any ideas for its business (including, without limitation, service
or promotion ideas) and will not incur any liability as a result of
any similarities that may appear in future Newark Musical
Merchandise services or operations. Without limitation, Newark
Musical Merchandise will have exclusive ownership of all present and
future existing rights to the Submission for any commercial or other
purpose whatsoever, without compensation to you or any other person
sending the Submission. You acknowledge that you are responsible for
whatever material you submit, and you, not Newark Musical
Merchandise, have full responsibility for the Submission, including
its legality, reliability, appropriateness, originality, and
copyright.

Site Use Rules

Our Site may only be used for lawful
purposes. Newark Musical Merchandise specifically prohibits any use
of our Site, and all users agree not to use our Site, for any of the
following:

Posting any incomplete, false or
inaccurate information or information which is not your own
accurate information;

Posting of any material that
defames, harasses, threatens, embarrasses, or abuses others; is
racially or ethically offensive; or is obscene, abusive,
hateful, pornographic, vulgar, or harmful to anyone, but
especially to children

Deleting or revising any
material posted by any other person or entity;

If you have a password allowing
access to a non-public area of our Site, disclosing to or
sharing your password with any third parties or using your
password for any unauthorized purpose;

Harming minors in any way;

Impersonating any person or
entity or falsely stating or otherwise misrepresenting your
affiliation with a person or entity; or

Aggregating, copying or
duplicating in any manner any of the materials or information
available from our Site.

We do not knowingly collect
identifiable information from anyone under thirteen years of age.

Registration and Passwords

If you register on our Site, you
agree to provide accurate and complete information about yourself
and to maintain and update such information so it remains accurate
and complete following registration. Failure to provide accurate and
complete information or to update such information shall be adequate
grounds for us to either suspend or terminate your account.

Upon completing the registration
process, you will receive a password and user name. You are
responsible for maintaining the confidentiality of your password and
user name and are responsible for any activities that occur under
your password and user name.

Accuracy of Content and Pricing
Information

Because prices, product descriptions
and availability can change quickly, Newark Musical Merchandise does
not warrant the accuracy or completeness of the information provided
on the Site. Also, Newark Musical Merchandise may make changes to
the information contained herein, including to the products and
prices described in the site, at any time, without prior notice to
you (including after you have submitted your order). Information at
this Site is periodically updated, but it may not be current or
complete at the moment you visit this Site and may contain errors or
inaccuracies. In no event shall Newark Musical Merchandise or its
service or product providers be liable to you in any manner
whatsoever for any decision made by you, or for any act or failure
to act by you, in reliance upon information provided at this Site.
If a product you purchase does not match the description on the
Site, as your sole and exclusive remedy you may return the product,
unused, to Newark Musical Merchandise and receive a refund of your
purchase price.

Items in your shopping cart will
reflect the most recent price displayed on the item's product
detail page. Prices are frequently updated to adjust for different
sales, limited pricing, and other discounting. Therefore, prices on
the product detail page and in your cart may change after such
updates to reflect the current prices. Placing items in your cart
does not reserve the current prices shown at that time, and prices
are reserved only by placing an order. From time to time, despite
our efforts, a small number of the items in our catalog may be
mispriced. Please note that such errors or inaccuracies may be
related to product descriptions, pricing and availability. In the
event of a pricing error, Newark Musical Merchandise will take one
of the following options: (1) If an item's correct price is lower
than our stated price, we will charge the lower amount and ship you
the item; or (2) if an item's correct price is higher than our
stated price, we will, at our discretion, either contact you for
instructions before shipping or cancel your order and notify you of
such cancellation. We apologize for any inconvenience. If you are
not satisfied with your purchase due to any errors or inaccuracies,
you may return it in accordance with our return procedure. Discounts
are limited-time offers and are not valid with other offers.

Limited Quantities

Some products, including those
identified as Hot Buys, Closeouts, Limited Quantity items, Factory
B-Stocks and Free Gifts may be limited to stock on hand and are
offered on a first come, first served basis.

MSRP

MSRP is the manufacturer's
suggested retail price. We may commonly sell products at prices
lower than MSRP, and for any given product, no sales may have
occurred at MSRP.

MSRP is a benchmark to compare our
discounts from MSRP to pricing offered by other retailers. Whether
other retailers sell at MSRP will vary by product, geographic
location, type of store, and over time.

Although we periodically update the
MSRP in our direct mail offerings and on our website as we receive
them, in some cases manufacturers may change their MSRP without
notice to us.

Please contact the manufacturer of a
specific product for the most up-to-date MSRP information.

MSRP quoted for house or private
label brands are developed internally in consideration of comparable
name brand products. We may commonly sell such products at prices
lower than MSRP and for any given product, no sales may have
occurred at MSRP.

Although our limited time events are
intended to be limited time events, our low prices offered during
these events may continue in effect after the event.

Values associated with items labeled
"free with purchase" are based upon MSRP.

Disclaimer of Warranties

THE INFORMATION ON THE SITE IS
PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE
FOREGOING, NEWARK MUSICAL MERCHANDISE EXPRESSLY DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE INFORMATION ON
THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. Some jurisdictions do not allow the exclusion of implied
warranties, in which case any implied warranties shall be limited to
the minimum scope and period permitted by law.

Limitation of Liability

IN NO EVENT SHALL NEWARK MUSICAL
MERCHANDISE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION,
THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT
NEWARK MUSICAL MERCHANDISE HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION
WITH THE USE OF THE INFORMATION ON OUR SITE. NEWARK MUSICAL
MERCHANDISE's TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE
TERMS AND CONDITIONS AND THE USE OF THE SITE, WHETHER IN CONTRACT OR
TORT OR OTHERWISE, SHALL NOT EXCEED $1,000. SOME JURISDICTIONS DO
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU.

Copyright

The Site and the Materials are
copyrighted works of Newark Musical Merchandise and/or its
suppliers. Neither the Site nor the Materials may be reproduced,
displayed, modified or adapted, distributed or transmitted in any
form by any means (including, but not limited to, electronic
duplication or transmission) without the prior written permission of
Newark Musical Merchandise.

Amendment

Newark Musical Merchandise may at
any time revise these Terms of Use by updating this posting. By
using this Site, you agree to be bound by any such revisions, and
you should periodically visit this page of the Site to examine the
then-current Terms of Use by which you are bound. Certain provisions
of these Terms of Use may be superseded by expressly designated
legal notices or terms located on particular pages of this Site.

Notice

If you have any questions about
these Terms of Use or our Privacy Policy, you may contact Newark
Musical Merchandise at:

Newark
Musical
Merchandise Inc.476
Rt.
46Hackettstown,
NJ
07840

General

If any provision of these Terms of
Use is held by a court of competent jurisdiction to be unenforceable
for any reason, the remaining provisions hereof shall be unaffected
and remain in full force and effect. These Terms of Use shall for
all purposes be governed by and interpreted in accordance with the
laws of the State of New Jersey as those laws are applied to
contracts entered into and to be performed entirely in New Jersey,
without regard to conflicts of law provisions. Any suit or
proceeding arising out of or relating to these Terms of Use shall be
commenced exclusively in state or federal court in Morris County,
New Jersey, and you irrevocably submit to the exclusive jurisdiction
and venue of such courts.